Findings - CC - 2022 - DR-30-19 MOD - Modification To A Microbrewery Building [Microbrewery And Residential], Including Modifications To The Exterior Building Elevations BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MODIFICATION TO )
A MICROBREWERY BUILDING TO A MIXED )
USED BUILDING [MICROBREWERY AND )
RESIDENTIAL],INCLUDING MODIFICATIONS )
TO THE EXTERIOR BUILDING ELEVATIONS )
FOR GSB PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-30-19 MOD
The above-entitled design review application came before the Eagle City Council for their action on March
8, 2022. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
GSB Properties,LLC,represented by Walter Lindgren with Lindgren:Labrie Architecture,is requesting
design review approval to modify a single story, microbrewery building to a two story, mixed use
building(microbrewery[Gem State Brewing]—first floor[3,348-SF] and one residential unit—second
floor [1,627-SF]), including modifications to the exterior building elevations. The 0.29-acre site is
located on the south side of West State Street approximately 175-feet east of South 2nd Street at 293
East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 6, 2022. Revised information
(justification letter)was received February 3,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 18, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 2012, the City approved a design review application to change the exterior paint color of
the building located at 293 East State Street(DR-18-12).
On May 22, 2012, the City approved a design review application for a monument sign for Corals 4
Cheap(DR-27-12).
On July 9, 2019, the City Council approved a design review application for a 4,953-square foot
microbrewery building for Gem State Brewing(DR-30-19).
On June 30, 2020, the City approved an extension of time application for a 4,953-square foot
microbrewery building for Gem State Brewing(EXT-04-20).
On July 12, 2021, the City approved an extension of time application for a 4,953-square foot
microbrewery building for Gem State Brewing(EXT-07-21).
E. COMPANION APPLICATIONS: DR-31-19(signage).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business Vacant Vet Clinic(animal
District) hospital)
Proposed No Change No Change Mixed Use Building
North of site Downtown CBD(Central Business Atova, Tasso,City of
District) Eagle Senior Center
South of site Downtown R-12 (Residential) Eagle Crest Apartments
East of site Downtown CBD(Central Business Idaho Power Substation
District)
West of site Downtown CBD(Central Business One Haute Cookie
District)
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located in the TDA(Transitional Development Area).
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site has mature trees and an eight-foot wide sidewalk with two street trees and one historic
streetlight pole adjacent to East State Street. There is an existing cinder block building that is proposed
to be removed.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.29-acres(12,777-square feet) 500-square feet
Percentage of Site Devoted 26%(approximately) 20%(minimum)to 85%
to Building Coverage (maximum)*
Percentage of Site Devoted 22%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 11-parking spaces 9-parking spaces(minimum)
(8-parking spaces on site,2-on street
parking spaces, 1-covered parking
space)
Front Setback(North) 3-feet(from the patio cover) 10-feet(minimum)to 25-feet
12-feet(from the building) (maximum)*
Rear Setback(South) 45-feet 0-feet(minimum)
Side Setback(West) 10-feet 0-feet(minimum)to 10-feet
(maximum)*
Side Setback(East) 38.5-feet 0-feet(minimum)to 10-feet
(maximum)*
*Note:Setback and lot coverage required within the Transitional Development Area(TDA).
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Mixed Use Building:
Microbrewery: 1,554-square feet(tap room)
1,329-square feet(production area)
Apartment or multi-family dwelling: 2,092-square feet(2 bedroom)
4,975-square feet total
Restaurant,dining rooms,taverns,nightclubs,etc.— 1 per 150-square feet of gross floor area
Industry(custom)— 1 per 1,000 square feet gross area used for industrial purposes
Apartment of multi-family dwelling—2 parking spaces(including 1 covered)and 0.25 guest parking
Tap Room— 1,554-square feet/150= 10.36-parking spaces
Production Area— 1,329-square feet/1,000= 1.329-parking spaces
Apartment or multi-family dwelling—2 (including 1 covered, 0.25 guest)=2.25-parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor area for
"restaurant, dining rooms,taverns, nightclubs, etc.", 1 parking space per 1,000-square feet of gross
floor area," and 2 parking spaces(including 1 covered)and 0.25 guest parking for an apartment or
multi-family dwelling."
Proposed Parking Spaces: 11 (8-parking spaces on site,2-parking spaces on street, 1-covered parking
space)
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Required Parking Spaces: 8-parking spaces [including 1-covered parking space] (already reduced by
50%per Eagle City Code Section 8-4-5).
Eagle City Code Section 8-4-5 states that parking located within the TDA shall be reduced by 50%for
all nonresidential uses and adjacent on street parking shall be included in the minimum requirement.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a mixed use building
(microbrewery and residential [1-unit]).
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirty-two foot(32')high two-story structure.
Gross Floor Area of Proposed Buildings:
The proposed mixed use building is approximately 4,975-square feet.
On and Off-Site Circulation:
A 5,918-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 14-foot,4-inch wide one-way driveway is located on the north property line provides access to the
site from East State Street. One 34-foot,6-inch wide driveway is located on the south property line and
provides egress from the site to the adjacent alley.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman/Italianate
Roof: Metal(Light Gray)
Walls: Stucco (SW9583 Sanctuary, SW7658 Gray Clouds), brick (Coronado Stone Tribeca), wood
(Delta Black, Wyoming Gray)
Windows/Doors: Aluminum(Charcoal),Vinyl(Dark Bronze)
Fascia/Trim: Trim(SW6992 Inkwell)
Pergola: Steel(powder coated Dark Bronze)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: All landscaping for the site, including the
removal of one tree,was previously approved by City Council with application DR-30-19.
Tree Replacement Calculations:N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board and City
Council.
Street Trees: Street trees are existing along East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: Landscaping adjacent to the parking spaces was approved with application
DR-30-19.
O. TRASH ENCLOSURES:No Change.
Trash bins are proposed to be located behind a six-foot tall white solid vinyl fence and gate on the
west side of the building. The bins will be pulled out by the business owner/operator and made
accessible for pick-up by Republic Services on the scheduled trash service day.
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P. MECHANICAL UNITS:No Change.
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, style, wattage, etc. has been received and
complies with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-31-19)has been
submitted for the approval of signs proposed on the building.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company water service area and within the boundaries of the Eagle Sewer
District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek—yes—tiled drainage ditch located on the east side of the property
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Park,Pathway,and Recreation
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
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b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core.A variety of business,public,quasi-public,cultural,ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within the district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial and Professional Office.
• 6.17 Downtown Eagle Planning Area.
Downtown Eagle should function as a regional center for destination retail,cultural, education,
government,office, and residential uses. It will have a vital retail core that transitions in use and
character to healthy and inviting residential areas and adjoining employment areas.In addition to
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serving as a regional center,the Downtown Eagle Area will provide neighborhood-serving uses
that help meet the daily needs of its residents and employees. (Comp plan page 119)
Development in the Downtown Eagle Area should be designed to:
• Establish a distinctive,well maintained and well-branded downtown;
•Create a well-organized multi-use community that promotes the live,work, play,and recreate
lifestyle;
• Promote and support a strong and vibrant business community;
• Create an interconnected community that allows access to and across the regional highway
system; and
• Promote and develop a unique downtown that supports pedestrian,bicycle,and transit
connectivity. (page 120)
• L. Promote the City's vision to potential employers, developers,and businesses. Work with land
owners,residents and the Chamber to promote Eagle as being Open for Business. (Comp plan
page 126)
• M. Expedite the development approval process creating a competitive development environment
when compared to neighboring jurisdictions. Look at zoning and design review process to ensure
that development that fits the City's vision for the downtown is easily approved.(Comp plan page
126)
• Q.Allow for the intermingling of daily convenience uses(grocery,cleaners)with destination uses
(restaurants,pubs,and art galleries). (Comp plan page 126)
• GG. Establish design criteria that promotes the incorporation of historical architectural elements
into new buildings to complement and provide support to the historic charter of the area. (Comp
plan page 128)
• HH. Encourage innovative designs that complement the setting in which a building is being
placed as opposed to strict adherence to a specific architectural style. (Comp plan page 128)
• 6.17.3 OLDE TOWE PLANNING AREA
Olde Towne Eagle should maintain the quaint feel of a traditional town center; as the active
community center and community gathering place for the City. The character of Olde Towne is
generally defined by its pedestrian-scale(attached sidewalks, store fronts with large windows at
the sidewalk,and open space amenities),ensuring context sensitive design complementing the
most significant historic structures. A traditional mix of retail,residential,office,and public uses
is to be maintained. State Street should be the focus for the highest intensity of uses in the area.
(Comp plan page 129)
• Enhance Olde Towne's visibility and its iconic imagery as the heart of the City, it is important
that Old Towne be easily identified and leave a very positive impression on everyone who sees it.
It should look like a place in which one wants to explore, linger,work,and live. (Comp plan page
131)
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-3: Effect of Other Provisions:
If any provision of this article is found to be in conflict with any other provisions of any zoning,
building, fire safety or health ordinance or other provision of this Code,the provision which
established the higher and/or more restrictive design standard shall prevail. However, in order to
foster rehabilitation of older districts and comply with unforeseen future needs of the overlay
districts,the City Council may,at their discretion, suspend or relax some or all requirements
found in this article, if the City Council determines a particular site, setting,or use to have special
and/or unique circumstances to warrant an exception to the requirements.
D. Transitional Development Area: TDA shown on exhibit A-1 within the EASD book.
1.Purpose: To serve as an area of future expansion to the central business district as market
demands grow and to provide an area to accommodate public parking and service to the
central business district.
2.Architectural Character:
h. Building Entries: Building entries facing a street shall be recessed a minimum of four
feet(4'). Exceptions may be permitted if another building entry design feature can meet
the intent of this requirement and is approved by the design review board and city
council.
C. DISCUSSION:
• The applicant is requesting design review approval to modify a microbrewery building to a two
story,mixed use building and modify the exterior building elevations. The proposed mixed use
building is 4,975-square foot(microbrewery [Gem State Brewing]—first floor[3,348-SF] and
one residential unit—second floor[1,627-SF]). The applicant's justification letter states that the
modifications to the original design of the building include reducing the building footprint by 10-
feet to accommodate a larger outdoor seating area covered partially by a pergola. The
architectural design of the building has been modified to reduce the building massing and updated
to reflect the residential use with the introduction of two gable forms to connected by a covered
deck.The building materials include stucco, brick veneer,and wood siding. The letter also states
that the overall design include elements of both the Craftsman and Italianate styles of architecture
identified in the Eagle Architecture and Site Design book. The site layout(with exception of the
increased patio area)and landscaping for the site were previously approved with DR-30-19 and
no additional changes are proposed. Staff defers comment regarding the building design,
materials,and colors to the Design Review Board.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
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and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The original approval of the microbrewery building included approval of exceptions permitted
within Eagle City Code 8-2A-3. Below are a list of the approved exceptions and how the revised
building layout addresses them.
o Setbacks: The original approval allowed for a minimum 2-foot front setback (10 to 25-feet
required). The revised building footprint has been reduced by 10-feet, the building footprint
meets the front setback,and the patio cover columns are located a minimum of 3-feet off of the
property line which is consistent with the original approval.
o Sidewalk:The 8-foot wide existing sidewalk was approved to remain.No changes are proposed
with this application.
o Tree Removal: One tree was previously approved to be removed. No changes are proposed
with this application.
o Storefront glass on 2nd floor: The original approval allowed for 16% glass on the 2nd floor of
the north building elevation. The revised building north building elevation shows a minimum
of 28%glass on the 2'floor which meets Eagle City Code requirements of a minimum of 25%.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on February 10,2022,
at which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the design,materials, and colors of the mixed use building.
• The Board recommends adding planters within the patio area to break up the concrete area.
BOARD DECISION:
The Board voted 3 to 0(Duperault,Germano,Lindgren,and Merrill absent)to recommend approval of
DR-30-19 MOD for a design review application for a modification to a microbrewery building to be a
mixed use building(microbrewery and residential),including modifications to the exterior building
elevations for GSB Properties,LLC,with the following site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document,dated
February 24,2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 8, 2022, at which
time the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
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the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-30-19 MOD for a design review application for a modification to
a microbrewery building to be a mixed use building(microbrewery and residential), including
modifications to the exterior building elevations for GSB Properties, LLC,with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-30-19.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application,and none are approved.
9. Provide revised details of the fence around the patio showing the height, style, materials, and colors.
Provide a revised landscape plan showing the color and design of the concrete area of the patio. The
fence detail and revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
10. Provide revised building elevations showing the color of the trellis wood beam stain. The revised
building elevations shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
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permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
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The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
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approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations, ordinances,
plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-30-19 MOD)with regard to the Eagle City Code Title 8,Chapter 2,Article A,DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and mixed use building is permitted with the approval of a design review
application within the CBD(Central Business District)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed building is designed with materials and
colors associated with the Italianate and Craftsman architectural style and the building is designed
to complement the buildings in the vicinity;
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C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a mixed
use building;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials that are consistent with the Italianate
and Craftsman architectural style and the mixed use building utilizes materials and design elements
consistent with other building in the vicinity;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building is in conformance with the Eagle Architecture and Site Design Book and has been
designed to complement the buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the mixed use building is in conformance with the required height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with sidewalks and walkways for both walkability within the site and access to other
buildings within the downtown;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since there
are sidewalks and walkways that connect to other sites within the downtown; and
I. No signs are proposed with this application. A separate design review application(DR-31-19)has
been submitted for one building wall sign for the building and the sign be required to be harmonious
with the architectural design of the building and will not cover nor detract from desirable
architectural features.
DATED this 8th day of March 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
aso Pierce,Mayor
ATT ST: G\...... * ''•.
Tracy E. ,Eag e City Clerk .) w
v ,4
* S'Vp+
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